LB 

NT 
«^\3 



STATE 

OF 

NORTH DAKOTA 



Teachers' Insurance 

and Retirement 

Fund. 



CHAPTER 251 
SESSION LAWS OF 1913. 



Issued by the Board of Trustees. 



JOURNAL PUBLISHING CX>. 
DEVII.S Lake, N. D. 

STATE PRINTERS 

1913 



STATE 

OF 

NORTH DAKOTA 



Teachers' Insurance 

and Retirement 

Fund. 



CHAPTER 251 
SESSION LAWS OF 1913. 



Issued by the Board of Trustees. 



JOURNAL PUBLISHING CO. 

Devils Lake. N. D. 

state printers 

1913 









Board of Trustees 

Term 
Expires 

Supt. John A. Haig, Presid nt, Devils Lake. 1916 
Miss Clara Struble, Vice President, 

Grand Forks 1914 

Supt. P. S. Berg, Sec, Dickinson.... 1915 

Hon. Gunder Olson, Ex-officio, 

Treasurer, Bismarck 1915 

State Supt. E. J. Taylor, Ex-officio, 
Bismarck ' 1915 



n oro. 

OCT 6 1913 



TEACHERS' INSURANCE 

AND RETIREMENT 

Fund. 



§ I. Creation of Fund and Mem- 
bership OF Board.] There is created a 
teachers' insurance and retirement 

fund, which shall be managed by a 
board of trustees to be known as the 
board of trustees of the teachers' in- 
surance and retirement fund. Such 
board shall consist of five members. 
The state treasurer and the state 
superintendent of public instruction 
shall be ex-officio members of said 
board; three members, one of whom 
shall be a woman, shall be appointed 
by the governor from among the mem- 
bers of the teachers' retirement fund 
as provided for in this act. One such 
appointive member may be a retired 
member of the fund. The term of 
office of the appointive members of 
said board of trustees shall be three 
years, except as provided henin, and 
shall begin on the first day of July, 
next succeeding their appointment; 
provided that the terms of office of 
the first members appointed shall be 
one for a period of one year, and one 
for a period of two years, and one for 
a period of three years. 






^.o, ^ 730 



§ 2 Annual Meeting of Members.] 
At the titae and place of the meetinji 
of the North Dakota State Education 
Association, those teachers whp have 
qualified as members of the teach- 
ers' insurance and retirement fund 
according to Section 11, 12 and 
13 of this Act, shall meet for the pur- 
pose of hearing the report of the 
board created by Section 1 of this Act, 
and of transacting such other busines'^ 
as may properly come before them. 

§ 3. Vacancies.] In case any va- 
cancy occurs among the members of 
the board, said vacancy shall be filled 
immediately by the governor, and the 
appointee shall serve the balance of 
the term for which the original mem- 
ber was appointed. 

§ 4. Organization of the Board.] 
Said board of trustees shall organi7e 
by the election of a president. The 
state treasurer shall be ex-orticio treas- 
urer of said board, and shall receive and 
make payments from and account for 
said funds in the same manner as for 
other state funds. Said board may 
employ a secretary to be chosen for 
such a term as shall he determined by 
said board. Said secretary shall per- 
form such duties in connection with 
the teachers' insurance and retirement 
fund as may be prescribed by the 
board. 

§ 5. Meetings and Regulations.] 
Said board shall meet annually within 
three months after Julv first of each 



year, at tlie office of the superinten- 
dent of public i'nstruction, at a time to 
be fixed by the board, and at any 
other time on the call of the president 
or of any two members thereof. Said 
board shall adopt rules for the govern- 
ment of its meetings and for member- 
ship in the fund, payments thereto 
and therefrom, and tor other matters 
which will be calculated to aid teach- 
ers in securing the benefit of the fund. 

§,6. Compensation and Secretary.] 
Members of said board shall receive 
no compensation except their necessary 
traveling expenses incurred in attend- 
ing the meetings, to be paid from the 
teachers' insurance and retirement fund 
upon the certificate of the president 
and secretary; but if the board shall 
elect one of its members secretary, such 
member may receive compensation for 
services rendered as secretary. The 
secretary of said board shall receive 
a salary to be fixed by the board, at 
an amount not to exceed twelve hun- 
dred dollars per annum. The compen- 
sation of the secretary and any other 
necessary expenses incurred by said 
board in carrying out the provisions 
of this Act shall be paid from the 
fund. 

§ 7 Investment of Funds.] Said 
board shall have charge of the fund 
and shall invest the same under the 
same conditions as the trust funds of 
the state may be invested. 
5 



§ 8. Annual Report,] On or before 
the first day of October of each year, 
said board shall report for the fiscal 
year ending the thirtieth of June pre- 
ceding. A copy of said report shall 
be transmitted to the annual meeting 
of the members of the teachers' insur- 
ance and retirement fund and to the 
state superintendent of public instruc- 
tion. Said superintendent shall in-' 
elude a copy of said report in his bien- 
nial report to the governor, 

§ 9. Retention of Assessments ] 
Each school district board, each board 
of education, or other managing body 
of each city, and of each school dis- 
trict; and of each village^ and of each 
town operating its schools under the 
townshi'p system of school government, 
shall retain on every pay day from 
the salary of each teacher in their 
respective schools, the amounts herein 
provided. Each teacher shall be 
furnished a statement by such board, 
showing the amount so deducted from 
his or her salary. 

§ 10. Amount of Assessments.] 
Every teacher who has joined the fund 
shall be assessed upon his or her salary 
as teacher for a period of twenty-five 
years as follows, one per centum per 
annum, but not more than twenty dol- 
lars per year, for each of the first ten 
years of service as teacher; and two 
per centum per annum, but not more 
than forty dollars per year, for each 



successive year of services as teacher, 
until sai'd teacher shall have had a 
total of twenty-five years of teaching 
service; "when said assessments shall 
cease. The total amount paid into 
said fund by each teacher shall be 
based upon said twenty-five years of 
service as teacher with assessments as 
provided in this Section; provided that 
such total amount shall not be less 
than the full amount of the annuity 
to which such teacher shall be en- 
titled for the first year. 

§ II. All New Teachers Assessed 
After January i, 1914-] I^ becoming 
a teacher in said public schools after 
January 1, 1914, he or she shall be 
conclusively deemed to join the fund 
and to undertake and agree to pay 
such assessments, and to have such 
assessments deducted from his or her 
salary as herein provided. 

§ 12. Assessments Optional for 
Teachers Now Teaching in the 
State.] Any person employed as teach- 
er in said public schools when this Act 
takes effect, may, at any time before 
January 1, 1914, elect to join the fund 
and to come within the provisions of 
this Act, by notifying in writing the 
board of trustees of the teachers' in- 
surance and retirement fund, but no 
person employed as teacher in said 
public schools, when this Act takes 
effect, shall be compelled to join the 
fund; or to come within the provisions 



of this Act or to pay the assessments 
or to have the same deducted from 
his or her salary without his or her 
consent. 

S 13. Notification by Teacher.] At 
the time of giving said notice to the 
board of trustees, as herein provided, 
such teacher shall notify the local 
school board or any other managing 
body, iii 'writing, of his or her election 
to come within the provisions of this 
Act; and thall authorize said school 
board, as a part of said notice, to de- 
duct from each payment of salary due 
him or her a sum equal to said per 
centum of such payment as provided 
in Section 10. 

§ 14. Transmission of Money to 
County Treasurer.] Each such school 
district board, each board of educa- 
tion, or other managing body, shall 
each year, between the 20th and the 
30th days of June, forward to the 
treasurer of the county in which the 
school house of said teacher is located, 
a statement verified by the secretary 
or clerk thereof, of the moneys so re- 
tained, in accordance with the pro- 
visions of this Act. together with said 
moneys so retained. Said statement 
shall also include the following: 
Name and monthly salary of each of 
said teachers: number of months of 
school taught by each teacher in said 
public schools of the district, village, 
or city over which said school board 
or other managing body has jurisdic- 



tion during the school year for which 
the statement is made; the number of 
months constituting a school year in 
such district, village or city; the total 
salary of each teacher; the total 
amount withheld from the salary of 
each teacher^ in accordance with the 
provisions of this Act; the total 
amount withheld from the salaries of 
all of said teaoiieis for the school 
yeai next precee Ti-.g, and the total 
number of years such teacher has 
taught in the public schools of the 
state. 

§ 15. Statements to be Sent to 
County Superintendent and County 
Auditor.] Said school board shall at 
the same time send a copy of said 
statement to the superintendenr of 
the county^ in whie.-i >aid school house 
is located, and also a duplicate copy 
of the same to the auditor of said 
county,. 

§ 16. Statement to be Sent in All 
Cases.] If no teacher in such city, 
vi'llage , town or school district comes 
under the provisons of this Act, th*^ 
school board or other managing body 
of such city, village, town or school 
district, shall state this fact under the 
oath of the secretary or the clerk 
thereof, to the treasurvr of said coun- 
ty; and shall at the same time forward 
copies of said statement to the super- 
intendent of said 3ouuty ard to the 
auditor of sai'd -county. 



§ I/. Reports to be Made to the 
Board.] Each county superintendent 
shall each year, between the 30th day 
of June and the lOth day of July, re- 
port under oath to the board of trus- 
tees of the teachers' insurance and re- 
tirement fund. Said report shall con- 
tain an itemized account of the stato- 
ments received by him from the school 
boards and a statement of t.ho total 
amount withheld from the salaiies of 
all of the said teachers in said report. 

§ i8. Reports to be Preserved.] 
The board of trustees of the teachers' 
insurance and retirement fund, each 
county superintendent, each county 
auditor, each county treasurer, each 
school distri'ct board, each town board 
of education, or other managing body, 
shall keep complete records of the 
data contained in said reports and of 
the statements hereinbefore mentioned. 

§ 19. Transmission of Funds to 
State Treasurer.] Between the 15th 
day of July and the 1st day of August 
of each year, the county treasurer 
shall transmit to the state treasurer 
all moneys which he has received from 
the school boards in accordance with 
the provisions of this Act; and shall 
certify under oath to the board of 
trustees of the teachers' insurance and 
retirement fund the amount so received 
and transmitted to the state treasurer, 
as herein provided. The state treasurer 
shall credit all moneys received under 

10 



the provisions of this Act to the fund 
designated as the teachers ' insurance 
and retirement fund. 

§ 20. Penalty for Failure to Re- 
port AND Transmit Funds.] No city, 
village, town or school district shall 
share in the apportionment of the 
state tuition fund for any year, un- 
less it has made the report as herein 
provided and paid over to the state 
treasurer for the teachers' insurance 
and retirement fund such per centum 
as provided i'n Section 10 of the total 
sum paid in wages to such teachers as 
come under the provisions of this Act, 
and also the portion of the county 
tuition fund described in Section 21. 

§ 21. Fund to be Set Aside From 
County Tuition Fund and Transmit- 
ted TO State Treasurer,] Each county 
treasurer shall annually set aside from 
the county tuition fund a sum equaJ 
to ten cents for each child of school 
age i'n his county and shall transmit 
this sum to the state tr-eagurer at the 
same time that he transmits the funds 
received from the school boards in ac- 
cordance with Section 19, and shall 
certify under oath to the board of 
trustees of the teachers' insurance 
and retirement fund the amount so 
tramsimitted to the stajte treasurer 
The state treasurer shall credit all 
moneys received in accordance with 
this Section to the fund designated as 
the teachers' insurance and retirement 
fund. 

11 



§ 22. Name of Fund.] The moneys 
received by the state treasurer under 
the provisions of Sections 19 and 21 
of this Act, together with donations 
or legacies received therefor, or 
monrys received from any legal source 
of increment, shall constitute a fund 
to be known as the "teachers' insur- 
ance and retiVement fund. ' ' 

§ 22). Payment of Back Assess- 
ments.] Any teacher coming from 
schools not included under the provi- 
sions of this Act shall pay assesments 
for said years of service in such 
schools, as provided in Section 10, 
based upon his or her first annual 
salary in said public schools of the 
state, tog^'ther with the regular as- 
sessments as provided in Section 10, 
before receiving any retirement an- 
nuity. 

§ 24. Retirement of Teachers Who 
Are Eligible to Annuity.] A.ny teacher 
who may be teaching in said public 
schools and who has complied with the 
provisions of these Sections may re- 
tire and receive the annuity provided 
for in the following cases: 

1. After a period or periods agg:e- 
gating twenty-five years of s^er 
vice as teacher, of which eighteen 
years, including the last five, must 
have been spent in public schools 
of this state provided that pay- 
ments by said teacher to the fund 
shall have amounted to a sum as pro- 
12 



vided in Section 10. If said pay- 
ments shall not have amounted to said 
sum, the teacher shall pay into the 
fund the deficiency before receiving 
said annuity. 

2, After fifteen years of service as 
teacher in the public schools of the 
state, when sai'd teacher suffers from 
a permanent mental or physical dis- 
ability, to be determined by said 
board after an examination by two 
physicians appointed by said board, 
provided that payments by said teach- 
er to the fund shall have amounted to 
a sum as provided in SectJon 10. If 
said payments shall not have amount- 
ed to said sum, the teacher shall pay 
into the fund the deficiency before 
receiving the annuity. The examina- 
tion fees of such physicians shall be 
paid by said applicant. 

§ 25. Legal School Year Defined ] 
In computihig the terms of service 
under Section 24, a year shall be a 
legal school year at the time and place 
where paid service was rendered, ex- 
cept that "where the service was 
rendered in schools not included with- 
in th-^ provisions of this Act, a time 
less than a legal school year in this 
state shall not be included as a year, 
but only as such proportion of a year 
as the number of teaching weeks in 
each such year bears to the number 
of weeks required at the time to 
constitute a legal school year in this 
state. 

1.3 



§ 26. Application to the Board.] 
Any person who has compliefl with 
the provisions of this Act and desires 
to retire from active service i'n said 
public schools, shall apply in writing 
to the board of trustees of the teach- 
ers' insurance and retirement fund. 

§ '- N>'()i\-r oi" Axvui'N'.t Ea-h 
teacher retiring from the service of 
said public schools under the provi- 
sions of Section 24, shall annually and 
for life be entitled to receive as an- 
nuity a sum equal to one fiftieth of 
his or her average annual salary for 
the last five years of service, multi- 
plied by the whole number of years 
of service as teacher; provided, how- 
ever, that said annuity shall not 
exceed seven hundred and fifty dollars 
in any one year, or be less than three 
hundred and fifty dollars in any one 
year, subject, however, to all the pro- 
visions of this Act, 

§ 28. Trustees May Ratably Dim- 
inish Annuities.] The board of trus- 
tees may ratably reduce the annuities 
provided in this Act, whenever in the 
judgment of the board, the condition 
of the fund shall require such reduc- 
tion, 

§ 29. Withdrawals from Member- 
ship IN the Fund.] Any teacher who 
shall cease to teach in said public 
schools before receiving any benefit 
or annuity from the fund, shall if 
application be made in writing to the 

14 



board of trustees within six months 
after the date of hi's or her resigna- 
tion, be entitled to the return of one- 
half of the amount, without interest, 
which shall have been paid into the 
fund by such teacher. If such teacher 
should again thereafter teach in said 
public schools he or she shall within 
one year from the date of his or her 
return to the service in said public 
schools refund to said fund the amount 
so returned to such teacher, together 
with simple interest on said amount 
(but not to exceed four per centum 
per annum) for the time such amount 
was withdrawn from the fund. 

§ 30. Annuities to be Paid Quar- 
terly.] The state treasurer shall pay 
said annuities quarterly in September, 
December, March and June of each 
year, upon the warrants of the state 
auditor issued upon certificates of the 
president and secretary of said board. 
No payments shall be made prior to 
September 1915. 

§ 31. Annuities Paid from Inter- 
est AND Principal.] Pavments from 
the fund shall be made from the in- 
come thereof and in addition thereto, 
when necessary, from the principal of 
moneys received under Sections 19 and 
21. 

§ 32. Annuity to Cease Upon Re- 
sumption OF Teaching.] Any person 
retiring under these Sections may 
again enter upon the work of teaching 

15 



in said public schools; during said 
term, of teaching the annuity paid to 
such person shall cease. Said annuity 
shall agai'n be paid to said person up- 
on his or her further retirement. 

§ 3S. Annuities Not Subject to Le- 
gal Process.] The annuities so created 
shall not be subject to attachment, 
garnishment, execution or other sciz 
lire or process, nor shall they be sub- 
ject to sale, assignment, pledge, mort- 
gage, or other alienation. 

§ 34. The Term "Teacher" Defined 
for the Act.] The term "teacher," 
as used in this Act, shall include all 
persons employed in teaching by any 
city board of educati'on, or school 
board or other managing body of any 
city, town, village, or rural school dis- 
trict in this state, and all superintend- 
ents and assistant superintendents of 
said schools, including county superin- 
tendents and their assistants, all su- 
pervisors of instruction all principals 
and assistant principles and special 
teachers of said schools. 



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LIBRARY OF CONGRESS 



021 300 428 1 



